October 8, 2020 at 2:57 p.m.
Former middle school teacher files motion to dismiss felony counts in assault case
Former middle school teacher files motion to dismiss felony counts in assault case
By By River NEws staff-
According to the motion filed Oct. 5, Stephanie Pudlowski's attorney is arguing that Count 2, which charges the defendant with sexual assault by a foster parent, must be dismissed because Pudlowski was not the foster parent of the alleged victim at the time the alleged offense was said to have occurred.
"The record contains an assertion made in both the criminal complaint and in the testimony adduced at the preliminary examination that Ms. Pudlowski was a foster parent," wrote defense attorney Nila Robinson. "The defense maintains that it is irrelevant whether the assertion was innocent in nature or known to be false when made. A charge in the Information (the formal charging document in a criminal case) cannot be based legitimately on false information, whether knowing or accidental. Ms. Pudlowski was in fact no longer a foster parent at the time the offense is said to have occurred."
"One who is a foster parent is licensed to be a foster parent and must be licensed during the period of any placement," Robinson continued. "While Ms. Pudlowski was at one time licensed as a foster parent, she was not required to be licensed as such after her status was changed to that of guardian. Her licensure ended long before the date complained of in the complaint, or alleged in the Information."
Robinson also argued that Count 3, third degree sexual assault, should be dismissed because it requires "a lack of consent" on the part of the alleged victim.
"The record is devoid of any evidence that would support the element of lack of consent, and lack of consent cannot be inferred as a reasonable conclusion from the facts in evidence," Robinson wrote.
While the motion does not include an argument for dismissal of Count 1, sexual intercourse with child age 16 or older, Robinson noted the defense is not conceding anything at this point.
"The defense does not concede that there was sufficient evidence adduced at the preliminary examination to support any charge related to sexual activity between the minor and Ms. Pudlowski, but does not argue that point further here," she wrote.
Counts 2 and 3 are felonies while Count 1 is a misdemeanor. The maximum penalty upon conviction on Count 1 is nine months in jail while Counts 2 and 3 carry a combined maximum 50-year prison sentence.
According to the criminal complaint and the testimony during preliminary hearing, Pudlowski's husband provided detectives with video and audio recordings of the alleged victim and the defendant engaging in "inappropriate conduct."
A sheriff's detective testified the audio recordings document Pudlowski and the alleged victim engaging in sex acts. The investigator also testified that Pudlowski admitted to having sexual contact with the minor.
Immediately after her arrest, Pudlowski tendered her resignation as an English Language Arts teacher at James Williams Middle School in Rhinelander.
The alleged victim is not related to Pudlowski but is described in the complaint as a former student.
A hearing on the defense motion was scheduled for Thursday afternoon, after this edition went to press.
The River News will report the result of the motion hearing in a future edition.
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